Recognition means the expressed recognition of a registered trade union by an employer or by an employers association for the purposes of collective bargaining. While the law says nothing about trade union recognition, the practice is that a union is entitled to sole recognition in a particular establishment if it has more than 50 per cent of employees in that establishment as it members.It is the employer and only the employer, who awards recognition to one or more unions, or refuses such recognition.

Verification Exercise 

In an effort to facilitate the process and avoid needless disputes, the Registrar of Trade Unions, whenever so requested by the employer in writing, carries out a verification exercise to help guide an employer reach an informed decision on the award of recognition. This is done by virtue of the powers of the Registrar in terms of the Employment and Industrial Relations Act. A request of a verification exercise to the Registrar may take various forms in that it may be directed to particular workers or to particular sections of the workplace.

The methodology used to ascertain whether an employee is a member of a trade union or not, is a direct interview.

After making the necessary logistical arrangements with the employer in consultation with the union/s involved, the verification exercise involves having public officers representing the Registrar asking participating employees 2 questions in confidence in terms of article 52(2) of EIRA:

1. Are you a member of a Trade union?

2. If yes, which union?